Madras High CourtWP(MD)/14466/2017disposed of

N.Periyasamy v. The District Collector

2017-08-23Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14466 of 2017 and W.M.P.(MD).Nos.11340 and 11341 of 2017 N.Periyasamy .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Executive Engineer, Public Works Department, Nanganjiyar Basin Division, Palani, Dindigul District.

3.Pappathi .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take necessary steps to ensure the free moment of agricultural vehicles over the pathway on the bank of Sadayankulam Tank to the cultivating lands in public of Kappiliyapatti Village, Oddanchatram Taluk, Dindigul District based on the representation of the petitioner dated 27.07.2017.

For petitioner : Mr.Meenakshi Sundaram Senior Counsel for P.Mahendran For R-1 and R-2 : Mr.M.Govindan Special Government Pleader For R-3 : No Appearance

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner seeks direction for directing the respondents to take necessary steps to enable the writ petitioner to take his agricultural vehicles over the pathway on the bank of https://hcservices.ecourts.gov.in/hcservices/

Sadayankulam Tank to the cultivating lands. He gave a representation dated 28.07.2017 in this regard.

2. The writ petitioner made one Pappathi as third respondent in this writ petition. The said Pappathi had earlier filed W.P(MD).No.4107 of 2017 for directing the authorities to take steps to prevent such movements.

3. This Court directs the second respondent to consider the writ petitioner's representation dated 28.07.2017 and take a decision in accordance with law. Before doing so, the second respondent shall issue notice to the third respondent and finalise the matter only after hearing both the parties. The second respondent shall pass appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Dindigul District, Dindigul.

2.The Executive Engineer, Public Works Department, Nanganjiyar Basin Division, Palani, Dindigul District.

+One cc to Mr.P.Mahendran, Advocate, SR.No.74315 +One cc to The Special Government Pleader, SR.No.84508 km RL/5C/2P/SV/MMS/SAR1/14/9/2017 ORDER MADE IN W.P.(MD)No.14466 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 23.08.2017